Recognition of parenthood between EU countries

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4.8 • 13 Ratings

🗓️ 8 December 2023

⏱️ 7 minutes

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Summary

Families in the European Union (EU) are increasingly likely to move and travel between the EU Member States. Yet, given the differences in Member States' laws, parents can face difficulties in having their parenthood recognised when crossing borders within the EU. Non recognition in one Member State of parenthood established in another Member State can have significant adverse consequences for children and their parents who are moving to another Member State or returning to their Member State of origin.

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Transcript

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0:00.0	Welcome to the European Parliamentary Research Service Podcasts.
0:05.0	The European Commission proposed a new regulation on the recognition of parenthood between EU countries
0:11.0	to ensure that the parenthood established in one member state is recognised in all others.
0:17.0	Want to know more? Stay with us.
0:28.9	An estimated 2 million children face problems when trying to have their parenthood recognised in another EU country.
0:35.1	For example, when moving to another member state or returning to their home country, now why is that?
0:40.4	That's because jurisdiction and rules on parenthood fall within the scope of member states' private international law, and these diverge on issues such as the
0:45.8	establishment of parenthood and on the recognition of parenthood established in another member state.
0:51.8	Under EU law, EU countries must recognize parenthood as established in another member state. Under EU law, EU countries must recognize parenthood as established in another member state
0:58.2	in the case of rights derived from EU law.
1:00.9	In particular, free movement, such as the right of entry and residence in another member state,
1:06.6	the right to equal treatment and the right to get travel documents for the child.
1:10.7	But EU law does not include the recognition of equal treatment and the right to get travel documents for the child.
1:11.1	But EU law does not include the recognition of parenthood as established in another member
1:16.5	state for the purposes of the rights derived from national law such as tax and social benefits.
1:22.9	And while these issues are particularly common among rainbow families. They are equally troublesome for different
1:28.8	sex couples, where the recognition of parenthood is not always certain.
1:32.8	This uncertainty can be detrimental to children, discourage families from moving across countries,
1:38.3	or push them to embark on long and costly legal proceedings. So, how does the EU want to make it easier for them?
1:46.3	In December 2022, as part of its equality package, the European Commission proposed a new
1:52.7	regulation to harmonise national rules on the recognition of parenthood.
1:57.0	With it, the Commission wants to harmonise rules on international jurisdiction, that is,
	...

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